Duties to report child abuse in England

Current position

There is currently no general statutory obligation for individuals in England to report child abuse. Government statutory guidance on safeguarding says “anyone who has concerns about a child’s welfare should consider whether a referral needs to be made to local authority children’s social care and should do so immediately if there is a concern that the child is suffering significant harm or is likely to do so.” While this does not impose a legislative requirement to report abuse, it creates an expectation that those working with children will comply with the guidance unless there are exceptional circumstances.

In addition, some individuals are required to report child safeguarding concerns under standards or codes of conduct set by their professional regulatory body. A failure to adhere to such standards may result in misconduct or fitness to practise proceedings against them.

Introducing a mandatory reporting duty

There have been calls for it to be made mandatory for certain people, such as social workers and teachers, to report child abuse. Proponents argue a mandatory reporting duty would offer greater protection to children. However, others fear it could create a ‘needle in the haystack’ effect and result in a ‘tick-box approach’.

Independent Inquiry into Child Sexual Abuse

The final report of the Independent Inquiry into Child Sexual Abuse, published in October 2022, said children had suffered because of “a marked absence of a cohesive set of laws and procedures in England and in Wales that require individuals working with children to report child sexual abuse”.

The report recommended the UK Government and the Welsh Government introduce legislation placing certain individuals under a statutory duty to report child sexual abuse in prescribed circumstances (for example, where they observe recognised indicators of sexual abuse). 

The report recommended it should be a criminal offence for mandated reporters to not report child sexual abuse when a child or perpetrator discloses it to them, or they witness a child being sexually abused.

Previous government’s proposals

In April 2023, the previous government committed to introduce a mandatory duty to report child sexual abuse for those working or volunteering with children.

Following a call for evidence and a consultation, in May 2024 the then government tabled amendments to the Criminal Justice Bill 2023-24 (NC65-NC73 and NS2) providing for the introduction of a mandatory reporting duty.

This would have required people working or volunteering with children to notify the local authority or the police in prescribed circumstances (for example, if they witnessed child sexual abuse or following a disclosure from a child or third party).

In contrast to the recommendations of the Independent Inquiry into Child Sexual Abuse, the duty would not apply where a person observed signs indicating that abuse could be taking place. Failure to comply with the duty would also not itself be a criminal offence, which attracted criticism from some stakeholders.

The Criminal Justice Bill fell when parliament dissolved ahead of the 2024 general election. The amendments relating to the mandatory reporting duty were not debated before dissolution.

Mandatory reporting in other countries

Since April 2016 certain public bodies, but not individuals, in Wales have been under a duty to inform the local authority if they have “reasonable cause to suspect that a child” who has needs for care and support is at risk of abuse, neglect or other kinds of harm. There are no criminal sanctions for individuals who fail to report a child at risk.

The Welsh Government accepted the recommendation of the Independent Inquiry into Child Sexual Abuse “in principle” and said it would “explore the implications of placing duties to report children and adults at risk, on individuals”.

Mandatory reporting laws exist in several other countries internationally, including the majority of countries in Europe and some parts of the US, Canada and Australia.

Although the details vary, many of the laws share some common components, including setting out who is covered by the duty and what must be reported.